In all civil actions and
proceedings when not otherwise provided for by statute, by judicial decision,
or by these rules, a presumption imposes on the party against whom it is
directed the burden of going forward with evidence to rebut or meet the
presumption, but does not shift to such party the burden of proof in the sense
of the risk of nonpersuasion, which remains throughout the trial upon the party
on whom it was originally cast. The burden of going forward is satisfied by the
introduction of evidence sufficient to permit reasonable minds to conclude that
the presumed fact does not exist. If the party against whom a presumption
operates fails to meet the burden of producing evidence, the presumed fact
shall be deemed proved, and the court shall instruct the jury accordingly. When
the burden of producing evidence to meet a presumption is satisfied, the court
must instruct the jury that it may, but is not required to, infer the existence
of the presumed fact from the proved fact. (1983, c. 701, s. 1.)

Rule 302. Applicability of
federal law in civil actions and proceedings.

In civil actions and
proceedings, the effect of a presumption respecting a fact which is an element
of a claim or defense as to which federal law supplies the rule of decision is
determined in accordance with federal law. (1983, c. 701, s. 1.)